Criminal Law queries [Resolved] [1685]

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Anonymous 05 March 2011 at 17:47

498A/406 Bail

My wife filed 498A/406 case on me and my family. I took regular bail and at that time they objected it by giving fake reasons that my parents tried throwing acid on them at their home a day befor by bail application but I was granted bail by sessions court.

Now after that they gave statements in police station that we have not returned the streedhan but the jewellery list that she gave in police station is fake I dont have those items. The police did not come to recover anything and filed the chargesheet.

My parents being charged in the case had not taken bail but stay of arrest upto chargesheet. Now will need to secure bail at the time of first appearence as we have received summons to appear.

I fear that when we apply for bail for my parents they would object citing that we havent returned streedhan but thats not there with us.

I need Advise that in such cases what is the basis the bail plea is decided. I being the husband is on regular bail.

The streedhan charges must be proved this is wrong plea that they may take to object bails.

Please advise what precautions can we take to avoid rejection.

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varghese 05 March 2011 at 15:53

CHEUE BOUNCING

I have issued a cheque to one of my friend, but after getting the cheque, he requesed me to deposit some cash in his account, and myself deposited the cash and requested him to send back the cheque. But he didnt do that
Sensing some foul play on his part, myself went to the Bank given a written request to stop the payment of the said cheque and withdrew all the money kept in my account on 12.10.2010. The complaintant, submitted the cheque on 15.10.2010, and the manager of the bank told him there is no sufficient fund to meet the cheque demand. On hearing this, he obtained a written memo from the Manager showing "Insufficiency of funds". He, then filed a case against me under section 138 of INI.While seraching thru various websites, I got the below"

'stop payment' was not due to insufficiency or paucity of funds but payment was stopped because of other valid causes including that there was no existing debt or liability at the time of presentation of cheque then offence u/s 138 is not made out. . (M/s M.M.T.C.Ltd. Vs M/s Medchl Chemicals & Pharma P.Ltd.) 2002(1) CIVIL COURT CASES 13 (S.C.) : 2001(2) APEX COURT JOURNAL 636 (S.C.) : 2002 (1) ISJ (BANKING) 0237

Please advise me whether I can file a case against this person, as am having all the related documents. and am 100 per cent correct.
regards
varghese

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bhupendra 05 March 2011 at 14:10

case law on sec 21 of juvenile justice act

Hi All Respected members pls
provide me a case law on sec 21 of juvenile justice care & protection act
i had filled a complaint but complainant is not guardian or relative of juvenile
but he is SOCIAL Worker
now there is question about LOCUS-STANDY
Because we have filled a private complaint toward board

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Anonymous 05 March 2011 at 10:37

Petition u/s 156(3)

Hi,

If an application is filed u/s 156(3) to lodge an FIR but the magistrate dismissed the application of the petitioner then can the petitioner file revision of the order under higher courts.

Is there any judgements/ orders supporting this.

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Anonymous 05 March 2011 at 03:53

Sec 138 club with Sec 420 ?

On 31,Jan-2010, I have paid Cash Rs 2, 24,000/- for 10% advance money to purchase a flat & I got a Sale Agreement on Rs 100/- Stamp Paper. As per the agreement we should done this deal within 60 days of agreement. But due to some reason flat owner could not arrange money to close his homeloan on that property & this deal could not materialize. He issued me a Cheque on March 23, 2010 of Rs. 2, 34,000/- (including Rs.10, 000 as penalty) for dated June, 10 2010.He returned me Rs 1,10,000 in two part but now his intension is not to return my rest money as he said clearly. He sold that flat to someone else. I deposited that Cheque on June 10th & Cheque got bounced back reason insufficient fund, again I deposited that Cheque on July 1st & again that bounced with the same reason – insufficient fund. I sent a legal notice on 5th Aug, 2010 through a lawyer which he received & ignored.I have filed a case u/s 138 on 4th Sep-2010.As of now 1 summon issed by court but accused was absent on hearing date & now Magistrate is on vacation for 2 months.My lawyer is saying we have to wait to issue 2 more summons from court because after 3 Summons first Bailable warrent will issue.
But it will take much time & I have doubt that accused can leave his rented place at any time and can be abscond.
Now I would like to lodge FIR against him u/s 420 with reference to above filed case u/s 138 & certified copy of Summon issued to him.
Please advice can I do it as per law?

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Anonymous 04 March 2011 at 23:15

Power of juvenile justice board on bail of declared juvenile

What are the the powers of a juvenile justice board on the bail of a declared juvenile in a case of 363,366,376 I.P.C. However sec.12 of juvenile justice and care act 2000 says that the bail is the right of a juvenile if there is not any suspect that his release may brin him in to the contact of known or unknown criminals .

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c.a.ashok kumar 04 March 2011 at 22:08

138 N I Act

whether a central government employee has to get permission from the department to give loan for interest or as a handloan.
under NI act whether body of the cheque to be filled by the issuer of cheque or signature in in cheque alone enough to file criminal case against issuer. pls give some citation

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